It is learnt that in recent years, Yunnan Province saw a rapid growth of IPR civil cases and the received cases related to copyrights, trademarks and patents occupied the first three positions.

From the year 2008 to this June, the courts across the whole province received 2,246 pieces of IPR civil cases and ended 1,937 items. Among the received cases, cases involving copyrights were 1,260 pieces, accounting for 56%; those related to trademarks reached 406 units, taking up 18%; cases related to patents were 345 pieces, occupying 15%; cases pertaining to technical contracts were 42 pieces, accounting for 2%; other kinds of IPR cases were 193 pieces, taking up 9%.

Meanwhile, new types of cases occurred, for example, cases involving technical contracts, new plant variety, right of communication through information network, well-known trademarks, fake registered commodities, franchise and rights of discovery. Besides, during the trial of received cases, new issues also emerge, such as issues pertaining to IPR infringement criterion, right conflict of various IPRs, the determination of well-known trademarks, the protection of unique packaging and decoration of renowned commodities and IPR happenings in network environment.

To solve the issues, Yunnan Provincial Higher People’s Court will further innovate on IPR trial mechanism and make public court hearing. Case judgment documents may also be publicized via the Internet. At the same time, IPR trial system and work mechanism will be improved and IPR civil, criminal and administrative cases will be tried by one IPR tribunal. Nowadays, 88% of the IPR cases in Yunnan are tried by Kunming Municipal Intermediate People’s Court and such situation will be changed by allowing more courts to hear IPR cases. At last, Yunnan Province will enhance the construction of IPR trial talent team.

(Source: IPR China)